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I am calling from NC seeking a question of legality, yes or…

Customer Question
Hello. I am calling...

Hello. I am calling from NC seeking a question of legality, yes or no and why. I submitted a rental check for rent in advance of moving in along with a check for keys and their required deposit. I filled out an application which was processed and approved but never signed a rental agreement. This involved three checks I paid in advance, one to hold for one month, one for advance November rent and prorated fees for three days in October, and a third for extra keys. They cashed all of the checks instead of just the holding deposit without my signing a rental agreement. I am told it will take three weeks to get the money back. I expect to receive the pet deposit, pro-rated rent and keys they had made and billed me for without an agreement. My bank cannot get the money back as it is past 10 days. My question, am I entitled to getting the money back more quickly than 3 weeks and why?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Nc Wake County

Lawyer's Assistant: Has anything been filed or reported?

My me?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. Am I entitled to the money for keys they had made in advance? Thank you.

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
10/18/2017
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 8,311
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you

with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
Does the call permit interaction?
Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hi, yes, you and I can have a phone call, but let me put my answer and we'll see if you'll need a phone call after that:

Thank you very much for your patience. There is no state or federal law that specifically allows for you to receive a timely refund of your money in a situation like this. However, the general principels of contract law suggest that this appears to be a breach of contract based on the failure to perform within a reasonable time because it has been a long time to produce something as simple as money. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 8,311
8,311 Satisfied Customers
Experience: Licensed to practice before state and federal court

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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